By Karla E General
Impunity Watch Reporter, North America

MONTREAL, Canada – A Quebec court today found Desire Munyaneza guilty of all seven counts of war crimes committed in the 1994 Rwandan genocide, under a Canadian law enacted in 2000 that allows residents to be tried for crimes committed abroad.

Munyaneza, 42, the first person to be convicted under Canada’s Crimes Against Humanity and War Crimes Act, was found guilty on all counts related to genocide, crimes against humanity and war crimes, in connection with the three-month genocide perpetrated by Rwanda’s Hutu group. The actions of the Hutus resulted in the murder of an estimated one million members of Rwanda’s Tutsi group as well as moderate Hutus.

Munyaneza, an ethnic Hutu and son of a wealthy businessman, first came to Canada with his family in 1997, but was refused refugee status. He was arrested in Toronto in 2005 following an RCMP investigation that linked him to the murder and rape of civilians, and of leading attacks against ethnic Tutsis at the National University of Rwanda during the genocide. The organization known as African Rights also linked Munyaneza to Rwandans indicted by the United Nations International Criminal Court, and accused him of being a leader in a militia group that raped and murdered dozens of people. He was 27 at the time of the genocide.

Each of the seven counts that Munyaneza was convicted of carries a lifetime prison sentence.

By Sovereign Hager

Impunity Watch Reporter, North America

PETIONVILLE, Haiti – The Dominican Republic’s treatment of Haitian migrants was protested by over 150 people in front of the Dominican Embassy after the lynching of a Haitian migrant in the Dominican Republic. Carlos Nerílus was tortured and beheaded on May 2nd, as an angry mob watched and took pictures. There is no evidence that local authorities took any action to stop the lynching.

Haitian immigrants have increasingly been victims of mob violence in recent years. A report by Amnesty International found there to be “deep rooted racial discrimination” against Haitians in the Dominican Republic. The report can be found here.

Human Rights groups have expressed concern about discrimination and mass expulsion of Haitians in the Dominican Republic. Between 20,000 to 30,000 Haitians are deported from the Dominican Republic each year. Haitian immigrants have no way to normalize their immigration status without documents, thus widely limiting access to health care and fair labor conditions. Dominican-born children of Haitian migrants are denied Dominican citizenship.

Roughly 1 million Haitian nationals currently live in the Dominican Republic, most of which are undocumented and work in exploitative occupations such as agriculture and domestic service. Last year authorities uncovered a child trafficking ring that forcibly employed Haitian children as beggars.

In response to the beheading, the Dominican Republic has promised to prosecute those responsible.

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States – The United States Senate voted 90-6 against the $80 million spending bill that would have financed the closure of Guantanamo Bay by January 2010, as well as the transfer of the 240 detainees that remain there. The vote came just one day before President Barack Obama was scheduled to outline his plan for the transfer of the 240 terrorism suspects detained at the facility located in Cuba.

Obama had requested the $80 million last month, an amount necessary for the Pentagon and Justice Department to close the detention facility, which is known by international human rights groups for its use of harsh interrogation techniques and detention of suspects without trial. The funds were requested without an immediate and detailed plan of action for the transfer of the detainees and without a definitive answer on whether the detainees would be transferred to U.S. soil. Republicans have criticized Obama’s quest to shut down Guantanamo, saying that human rights abuses that have occurred at the facility are a thing of the past.

The 90-6 vote followed testimony to Congress by FBI Director Robert Mueller who stated: “The concerns we have about individuals who may support terrorism being in the United States run from concerns about providing financing to terrorists, [and] radicalizing others … [as well as] the potential for individuals undertaking attacks in the United States.”

Similarly, Republican Senator John Thune of South Dakota said: “The American people don’t want these men walking the streets of America’s neighborhoods.  The American people don’t want these detainees held at a military base or federal prison in their backyard either.”

In spite of the vote, Democrats remain hopeful that President Obama will devise a detailed plan that meets the objectives of both Democrats and Republicans. “The president’s very capable of putting together a plan that I think will win the approval of a majority of members of Congress,” said Nebraska Democrat Ben Nelson. “I can’t imagine that he won’t.”

By Sovereign Hager

Impunity Watch Reporter, North America

NEW YORK CITY, United States – The government of Canada continues to oppose the United Nations Declaration on the Rights of Indigenous Peoples (DRIP), as over 2,000 participants from around the world gather at the UN Headquarters to discuss Indigenous rights.

Canada, the United States, New Zealand, and Australia have opposed the Declaration since its creation in 2007. Australia recently reversed its position and John Key, New Zealand’s Prime Minister, has said he will consider reversing New Zealand’s opposition. UN leaders are in contact with President Barak Obama about possibly reversing the Bush Administration’s opposition to the Declaration.  Canada’s intransigence was the primary topic of concern at a press briefing this week.

The Canadian government claims that the Declaration conflicts with the Canadian Constitution because it favors Indigenous rights over non-Indigenous rights. Victoria Tuali-Corpuz, the chairperson of the UN Permanent Forum on Indigenous Rights, called Canada’s reasoning “invalid”.  Officials expressed surprise at Canada’s position considering its “advanced” policy regarding Indigenous people.  Furthermore, Canada has been active on other international human declarations, like the Committee on the Elimination of All Forms of Discrimination against Women.

Discussions at the conference included complaints from Indigenous people that Canadian mining companies do not respect their rights.  Participants addressed a letter to Canadian Prime Minister, Stephen Harper, calling on Canada to “establish clear legal norms . . . to ensure that Canadian companies and residents are held accountable when there is evidence of environmental and/or human rights violations.”

The Declaration includes provisions recognizing Indigenous human rights to self-determination, land, natural resources, and compensation for rights violated. DRIP is not legally binding, but the outlines of the declaration are to be referenced when a country enacts new laws and policies.  According to Tauli-Corpuz, “More attention needs to be focused on the trans-boundary human rights obligations of countries which are hosting extractive corporations and creating problems for indigenous people.” The text of the Declaration is available here.

By Nima Nayebi
Impunity Watch Reporter, North America

MEXICO CITY, Mexico – In an effort to curtail drug-related violence, the Mexican army has been engaged in domestic policing, but a lack of training and accountability has led to allegations of rampant human rights violations according to a recent Human Rights Watch (HRW) report.

President Felipe Calderón initially recruited the army in the effort as part of a 2006 emergency plan. Since then more than 1,230 reported cases of human rights violations have prompted Mexican human rights organizations to ask the U.S. to halt American military aid to Mexico. While abuses include disappearances, killings, torture, rapes, and arbitrary detentions, none of the military investigations and trials has led to the conviction of accused soldiers. According to Raúl Benítez, defense specialist at the National Autonomous University of Mexico, part of the problem is that “[h]aving military officers commit abuses is seen as the lesser evil. People just want the army to protect them from the narcos.”

The HRW report details seventeen graphic cases of abuse in 2007 and 2008 involving more than seventy individuals. HRW recommends that civilian courts, rather than military tribunals, hear military abuse cases to ensure proper prosecution and deterrence. The Mexican Interior Department has promised to study the report, but has stressed that military court rulings may be appealed in civilian courts.